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WETHERILL v. BANK IV KANSAS, N.A.

No. 97-3073.

145 F.3d 1187 (1998)

Leo G. WETHERILL, II, Christopher Wetherill, Patricia Wetherill Baumgartner, Leigh Wetherill Bogardus, Phillip John Bogardus and Katherine Bogardus, Plaintiffs-Appellants, v. BANK IV KANSAS, N.A., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 28, 1998.

Attorney(s) appearing for the Case

Dan C. Sanders of Gepford, Monaco & Sanders, L.C., Kansas City, Missouri, for Plaintiffs-Appellants.

James J. Roddy (Bruce E. Baty with him on brief), of Morrison & Hecker, L.L.P., Kansas City, Missouri, for Defendant-Appellee.

Before PORFILIO and EBEL, Circuit Judges, and BRETT, District Judge.

BRETT, Senior United States District Judge.

Beneficiaries of six inter vivos trusts ("beneficiaries"), appeal an order of the United States District Court for the District of Kansas granting summary judgment to Bank IV Kansas ("Bank IV"), on beneficiaries' action to recover monies (and lost income) wrongfully converted from their bank trust fund accounts by the trustee, Gary Leitner. Beneficiaries sought to hold Bank IV liable for their losses based on theories of...

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